Role Of Public Prosecution In Criminal Justice System

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ROLE OF PUBLIC PROSECUTORS IN
CRIMINAL JUSTICE SYSTEM
The criminal justice system has four important components in India, namely, the Investigating Agency (Police), the Judiciary, the Prosecution Wing and the Prison and Correctional Services.
Public prosecution is an important component of the public justice system. Prosecution of an offender is the duty of the executive which is carried out through the institution of the Public Prosecutor. The public prosecutor is appointed by the State, and he conducts prosecution on behalf of the State. While it is the responsibility of the public prosecutor to see that the trial results in conviction, he need not be overwhelmingly concerned with the outcome of the trial. He is an officer of the court …show more content…

State of Bihar & Others as under:
a) The Prosecution of an offender is the duty of the executive which is carried out through the institution of the Public Prosecutor.
b) Withdrawal from prosecution is an executive function of the Public Prosecutor.
c) Discretion to withdraw from prosecution is that of the Public Prosecutor and that of none else and he cannot surrender this discretion to anyone.
d) The Government may suggest to the Public Prosecutor to withdraw a case, but it cannot compel him and ultimately the discretion and judgement of the Public Prosecutor would prevail.
e) The Public Prosecutor may withdraw from prosecution not only on the ground of paucity of evidence but also on other relevant grounds in order to further the broad ends of public justice, public order and peace.
f) The Public Prosecutor is an officer of the Court and is responsible to …show more content…

Cases are registered under section 154 of the Code. A police officer is competent to investigate only cognizable offences. Non- cognizable offences cannot be investigated by the police without obtaining prior orders from the courts. A police officer can examine witnesses under section 161. However, the statements are not to be signed by the witnesses. Under section 164 of the Code Confessions of accused persons and statements of witnesses are recorded. A police officer has the power to conduct searches in emergent situations without a warrant from the court under section 165. A police officer is competent to arrest an accused suspected to be involved in a cognizable offence without an order from the court in circumstances specified in section 41 of the Code. He is required to maintain a day to day account of the investigation conducted by him under section 172. After completion of investigation, a police officer is required to submit a final report to the court under section 173. If a prima facie case is made out, this final report is filed in the shape of a charge-sheet. The accused has, thereafter, to face trial. If no cogent evidence comes on record, a closure report is filed in the

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